Until the start of the second Trump Administration, companies doing business in Mexico and other Latin American countries likely felt reasonably comfortable with their existing compliance programs around their supply chains....more
Moving manufacturing operations back to the U.S. can reduce tariff exposure and simplify logistics, but it introduces new challenges such as labor shortages and operational risks. Companies must weigh these trade-offs...more
If review of a contract indicates an undesirable allocation of tariff costs, consider whether there is even an obligation to purchase or supply under the agreement....more
As detailed in Part I of this series, the use of international supply chains has suddenly become a lot riskier. In this second part of our series on navigating political instability, we provide some practical coping...more
In addition to reviewing your commercial contracts for how new or increased tariff costs are allocated, another key area to evaluate is whether either party has the right to terminate the contract. If one party gets upside...more
9/5/2025
/ Buyers ,
Cancellation Rights ,
Commercial Contracts ,
Contract Drafting ,
Contract Negotiations ,
Contract Terms ,
International Trade ,
Pricing ,
Risk Management ,
Suppliers ,
Supply Chain ,
Tariffs ,
Termination for Convenience
In 2022, Russia’s invasion of Ukraine triggered a cascade of supply chain disruptions – energy shortages, restricted grain exports, and sweeping sanctions. But the lesson wasn’t just about Russia or war. It was about how...more
Force majeure is a defense to performance that is created by contract. As a result, each scenario must be analyzed on a case-by-case basis depending on the language of the applicable force majeure provision...more
To ascertain which party in a commercial contract is responsible for tariffs, it is important to check whether the contract specifies the importer of record....more
In light of a trade landscape rife with tariffs, companies are examining their commercial contracts to judge the exposure to increased costs of production. One area of a supply contract that cannot be overlooked when...more
The global manufacturing landscape is undergoing a fundamental shift. In recent years, reshoring — at times discussed more conceptually than executed in practice — has evolved into a strategic response to a range of complex...more
The rise of President Trumps’ tariffs in 2025 has brought uncertainty to the profitability of product sales and has thrown a wrench in previously stable supply relationships. Reminiscent of the 2020 push to review force...more
President Trump’s shakeup of U.S. trade policy with its approach to tariffs is costing companies billions of dollars. In fact, in June of this year, importers paid the U.S. government customs duties (of which tariffs are a...more
Less than five months into the new administration, we have already seen more than 50 tariff proclamations. With new tariffs being proposed, imposed, revoked, suspended, and sometimes reimposed, it can be difficult for...more
6/5/2025
/ China ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Multinationals ,
Popular ,
Section 232 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trump Administration
Assessing Tariff Impacts in Commercial Contracts -
With the size and scope of President Trump’s tariffs continuing to shift, this is a critical time for businesses to assess their contracts and determine how increased...more
Although we are only two months into the new administration, we have seen a dizzying array of new tariffs that have been proposed, imposed, revoked, suspended, and sometimes reimposed. It can be difficult for importers to...more
3/20/2025
/ Canada ,
China ,
International Trade ,
Mexico ,
Popular ,
Risk Management ,
Section 232 ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trump Administration
As we navigate a turbulent tariff landscape for manufacturers, we want to help you with some of the most frequently asked questions we are encountering right now as they relate to force majeure and price increases:.....more
As Trump seeks to raise U.S. tariffs (which currently tend to be among the lowest worldwide), manufacturers, distributors, retailers, and other companies that frequently import (“importers”) must determine the best strategy...more
2/18/2025
/ China ,
Compliance ,
Customs and Border Protection ,
Forced Labor ,
Human Trafficking ,
Imports ,
Risk Management ,
Supply Chain ,
Tariffs ,
Trade Wars ,
Trump Administration ,
US Trade Policies ,
Uyghur Forced Labor Prevention Act (UFLPA)
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has promulgated a Final Rule prohibiting the import and sale of connected vehicles and related components linked to the People’s Republic of China (PRC)...more
1/16/2025
/ Automation Systems ,
Automotive Industry ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Cybersecurity ,
Final Rules ,
National Security ,
OEM ,
Regulatory Requirements ,
Russia ,
Supply Chain ,
Transparency ,
U.S. Commerce Department
Regulators around the world are sending a consistent message to companies that operate or source internationally, which is that they must take ownership of their supply chains. In addition, multinational companies face...more
11/21/2024
/ Compliance ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
Ethics ,
Forced Labor ,
Human Trafficking ,
Investors ,
Multinationals ,
Penalties ,
Reputational Injury ,
Risk Management ,
Slavery ,
Supply Chain
Share on Twitter Print Share by Email Share Back to top On September 26, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) published a Notice of Proposed Rulemaking that, if finalized, would prohibit...more
10/11/2024
/ Automotive Industry ,
Bureau of Industry and Security (BIS) ,
China ,
Compliance ,
Data Collection ,
Driverless Cars ,
Due Diligence ,
Export Controls ,
Foreign Adversaries ,
Hardware ,
International Trade ,
Proposed Rules ,
Recordkeeping Requirements ,
Russia ,
Software ,
Supply Chain ,
Vulnerability Assessments
A recent decision from the Eastern District of Wisconsin, Hans Kissle Inc v. Echo Lake Foods Inc, No. 24-CV-484-SCD, 2024 WL 4186678 (E.D. Wis. Sept. 13, 2024), provides a helpful discussion of exceptions to Wisconsin’s...more
Share on Twitter Print Share by Email Share Back to top In recent years, viral videos featuring a surprising topic have racked up millions of views on social media. Not videos of a celebrity doing something outrageous, a...more
3/14/2024
/ Artificial Intelligence ,
Automation Systems ,
Blockchain ,
Collaboration ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Goods or Services ,
Incident Response Plans ,
Internet of Things ,
Inventory ,
Predictive Analytics ,
Risk Mitigation ,
Robotics ,
Social Media ,
Supply Chain ,
Supply Shortages ,
Trade Relations
In our ever-changing technological environment, artificial intelligence (AI) is beginning to exert its influence on numerous sectors, revolutionizing our approach to work. As businesses and organizations worldwide adopt...more
10/12/2023
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Biotechnology ,
Compliance ,
Confidential Information ,
Discrimination ,
Due Diligence ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Insurance Industry ,
Intellectual Property Protection ,
Investors ,
Machine Learning ,
Misrepresentation ,
New Guidance ,
Patents ,
Personal Data ,
Purchase Agreement ,
Risk Management ,
Risk Mitigation ,
Startups ,
Strict Product Liability ,
Transparency ,
Venture Capital
My mom says you should read science-fiction if you want to know what the future will look like. In her 50+ years as an avid reader of the genre, she has seen things once considered preposterous materialize into reality. Her...more
Commercial forms – such as quotations, purchase orders and invoices – and associated terms and conditions are ubiquitous in the supply chain and often the only contract that exists between a buyer and seller. When used...more
11/2/2022
/ Breach of Warranty ,
Buyers ,
Contract Terms ,
Force Majeure Clause ,
Global Economy ,
Risk of Loss ,
Sellers ,
Supply Chain ,
Terms and Conditions ,
Uniform Commercial Code (UCC) ,
Warranties